Michigan Homeowners' Energy Policy Act
The Homeowners' Energy Policy Act is Michigan's 2024 law barring homeowners' associations from prohibiting solar-energy systems and other energy-saving improvements — and requiring every association to adopt a written solar energy policy. The full statutory text, hosted for reference, with a plain-language guide for homeowners.
The Homeowners' Energy Policy Act (MCL 559.301 et seq., Public Act 68 of 2024, effective April 2, 2025) is one of Michigan's newest and most homeowner-favorable community-association laws. It stops a homeowners' association from blocking a member's clean-energy and energy-saving improvements, and it requires every association to put a written solar energy policy in place. It applies to homeowners' associations generally — a “member” is any owner of a home or unit within the association's jurisdiction (§ 559.303).
What an association can no longer prohibit
- Energy-saving improvements. A provision in an association agreement that prohibits — or requires the association's approval for — a member to install or operate an energy-saving improvement or modification is invalid and unenforceable (§ 559.305). The Act's defined list includes clotheslines, air- and ground-source heat pumps, insulation, rain barrels, reflective roofing, energy-efficient appliances and windows, solar water heaters, and electric-vehicle charging equipment (§ 559.303).
- Solar energy systems. A provision in an association agreement (or its policy) that prohibits, or has the effect of prohibiting, the installation of a solar energy system is likewise invalid and unenforceable (§ 559.307).
The mandatory solar energy policy
Within one year of the Act's effective date, every Michigan homeowners' association must adopt a written solar energy policy (§ 559.309). The Act tightly limits what that policy may do. It may not bar panels from a roof face, require a specific technology (such as solar shingles), or impose standards that reduce the system's electricity output by more than 10% or add more than $1,000 to the installation cost. The policy must state that an adjacent owner's approval is not required, and that the association will not inquire into a member's energy usage, impair the system's operation, require post-installation reporting, charge special application fees, or deny an application based on who owns or finances the system. The association must make the policy available within 30 days and post it online if it has a website.
How a member installs solar
A member submits a written application with basic details about the system and installer; the association must approve or deny it within 30 days (§ 559.311). The grounds for denial are narrow — for example, a court has found the installation unlawful, it doesn't conform to the approved application, or (for a roof system) it extends more than 6 inches above the roof or doesn't follow the roof's slope (§ 559.309). Crucially, if the association never adopts a policy, or misses the 30-day deadline, the member may proceed with the installation, and a member whose application was denied before the Act may resubmit it (§§ 559.309, 559.311).
Limits and enforcement
The Act does not reach a common area or a shared roof — it protects improvements on a member's own home or unit (§ 559.313). If an association violates the Act, a member may bring a civil action for damages, and a prevailing member may recover reasonable attorney fees and costs (§ 559.315).
How it fits with Michigan's other community laws
This Act runs alongside the rest of Michigan community-association law. For condominiums, the Michigan Condominium Act still governs how the project is created and run — a condominium's association of co-owners is also a “homeowners' association” for this Act's purposes. A non-condominium HOA takes its corporate framework from the Michigan Nonprofit Corporation Act (Act 162 of 1982), and housing-discrimination questions fall under the Elliott-Larsen Civil Rights Act (Act 453 of 1976). Return to the Michigan HOA laws hub for the full set.
Contents · 9 sections ▾
- § 559.301 Short title
- § 559.303 Definitions
- § 559.305 Homeowners' association agreements; invalid and unenforceable provisions; local unit of government; permissible requirements
- § 559.307 Prohibition on the installation of a solar energy system; invalid and unenforceable
- § 559.309 Adoption of written solar energy policy statement; content requirements and restrictions; homeowners' association duties
- § 559.311 Application for installation of solar energy system; contents; approval; failure to adopt policy or approve application; resubmission
- § 559.313 Applicability of act
- § 559.315 Violation of act; civil action
- § 559.317 Severability
This act may be cited as the "homeowners' energy policy act".
History: 2024, Act 68, Eff. Apr. 2, 2025
As used in this act:
(a) "Common area" means a portion of a building, land, or amenities owned or managed by the homeowners' association that is generally accessible to all members of the association. Common area includes, but is not limited to, a hallway, a stairway, an elevator, a lobby, a laundry and recreational room, a playground, a community center, a garage, a public green space, a park, or a fitness room.
(b) "Electric vehicle supply equipment" means a machine or other device located within this state that is supplied with electricity and designed or used for placing or delivering electricity into the battery storage system of a motor vehicle.
(c) "Energy-saving improvement or modification" includes, but is not limited to, all of the following:
(i) A clothesline.
(ii) Air source heat pumps.
(iii) Ground source heat pumps.
(iv) Insulation.
(v) Rain barrels.
(vi) Reflective roofing.
(vii) Energy efficient appliances.
(viii) Solar water heaters.
(ix) Electric vehicle supply equipment.
(x) Energy-efficient windows.
(xi) Energy-efficient insulation materials.
(d) "Local unit of government" means a county, township, city, or village.
(e) "Member" means an owner of a home or unit that is within the jurisdiction of the homeowners' association.
(f) "Policy" means the written solar energy policy statement described under section 9(1).
(g) "Shared roof" means a roof that serves more than 1 home or unit, including, but not limited to, a contiguous roof that serves adjacent homes or units.
(h) "Solar collector" means any of the following:
(i) An assembly, a structure, or a design, including passive elements, used for gathering, concentrating, or absorbing direct and indirect solar energy, or specially designed for holding a substantial amount of useful thermal energy, that transfers that energy to gas, solid, or liquid or uses that energy directly.
(ii) A mechanism that absorbs solar energy and converts it into electricity.
(iii) A mechanism or process used for gathering solar energy through wind or thermal gradients.
(iv) A component used to transfer thermal energy to a gas, solid, or liquid or convert thermal energy into electricity.
(i) "Solar energy" means radiant energy received from the sun at a wavelength that is suitable for heat transfer, photosynthetic use, or photovoltaic use.
(j) "Solar energy system" means a complete assembly, structure, or design of a solar collector, or a solar storage mechanism that uses solar energy for generating electricity or heating or cooling gases, solids, liquids, or other materials. Solar energy system includes the design, materials, or elements of a solar energy system and its maintenance, operation, labor components, and the necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system.
(k) "Solar storage mechanism" means equipment or elements including, but not limited to, piping and transfer mechanisms, containers, heat exchangers, batteries, or gases, solids, or liquids, or a combination of gases, solids, and liquids, that are used for storing solar energy gathered by a solar collector for subsequent use.
History: 2024, Act 68, Eff. Apr. 2, 2025
(1) Any of the following in a homeowners' association agreement is invalid and unenforceable as contrary to public policy:
(a) A provision that prohibits, or requires the approval of a homeowners' association for, a member to replace, maintain, install, or operate an energy-saving improvement or modification.
(b) A provision that compels, or requires association approval for, a member to make auxiliary changes needed for the installation of an energy-saving improvement or modification.
(2) A local unit of government shall not require a member to obtain the approval of a homeowners' association to do any of the following:
(a) Replace, maintain, install, or operate an energy-saving improvement or modification.
(b) Make auxiliary changes needed for the installation of an energy-saving improvement or modification.
(3) Subject to subsection (2), this act does not prohibit a local unit of government from imposing requirements that may prohibit or limit the replacement, maintenance, installation, or operation of an energy-saving improvement or modification or making of auxiliary changes needed for the installation of an energy-saving improvement or modification by a member.
History: 2024, Act 68, Eff. Apr. 2, 2025
A provision in a homeowners' association agreement or the policy adopted under section 9(1) that prohibits or has the effect of prohibiting the installation of a solar energy system is invalid and unenforceable as contrary to public policy.
History: 2024, Act 68, Eff. Apr. 2, 2025
(1) Within 1 year after the effective date of this act, each homeowners' association in this state shall adopt a written solar energy policy statement. A policy adopted under this subsection must not conflict with an existing local, state, or federal law. All of the following apply to a policy adopted in accordance with this subsection:
(a) The policy must include the standards established under this act to be enforced by the homeowners' association.
(b) The policy may not prohibit elements of the solar energy system from being installed on a roof face.
(c) The policy may not require that a specific technology be utilized for the installation of a solar energy system, including, but not limited to, solar shingles rather than traditional solar panels.
(d) Any standards enforced under the policy may not result in a reduction in the production of electricity by the solar energy system by more than 10% or increase the total cost of the installation of the solar energy system to the member by more than $1,000.00. As used in this subdivision, "production" means the estimated annual electrical production of the solar energy system.
(e) The policy must not include a provision that contradicts this act.
(f) The policy must include the following statements:
(i) That the approval of an adjacent home or unit owner is not required to approve a member's application to install a solar energy system on the member's home or unit.
(ii) That the homeowners' association will not do any of the following:
(A) Inquire into a member's energy usage.
(B) Impose conditions that impair the operation of a solar energy system.
(C) Impose conditions that negatively impact any component industry standard warranty.
(D) Require postinstallation reporting.
(E) Require a fee for submitting an application to install a solar energy system above that which it assesses for other applications related to a change to the property.
(F) Prohibit a member from resubmitting a written application to install a solar energy system after a written application submitted after the effective date of this act was denied by the homeowners' association.
(iii) That the homeowners' association will not deny a member's application to install a solar energy system because of the identity of the entity that owns the solar energy system or financing method chosen by the member.
(iv) That a homeowners' association may deny an application to install a solar energy system or require the removal of a solar energy system if 1 or more of the following apply:
(A) A court has found that the installation of the solar energy system violates a law.
(B) The installed solar energy system does not substantially conform with the member's application to install the solar energy system as approved by the homeowners' association.
(C) The homeowners' association has determined that the solar energy system will be installed on the roof of a home or unit of the member requesting installation and 1 or more of the following apply:
(I) The solar energy system will extend above or beyond the roof of that home or unit by more than 6 inches. (II) The solar energy system does not conform to the slope of the roof and has a top edge that is not parallel to the roof line. (III) The solar energy system has a frame, support bracket, or visible conduit or wiring that is not silver, bronze, or black tone that are commonly available in the marketplace.
(D) The homeowners' association has determined that both of the following apply:
(I) The solar energy system will be installed in a fenced yard or patio rather than on the roof of a home or unit. (II) The solar energy system will be taller than the fence line.
(v) That a member shall comply with state and local building codes and permit requirements in the replacement, maintenance, installation, or operation of an energy-saving improvement or modification or the installation of a solar energy system.
(vi) That both of the following apply:
(A) A member who wants to install a solar energy system in the member's home or unit shall comply with the application requirements under section 11(1).
(B) A member may resubmit a written application to install a solar energy system in accordance with section 11(4).
(g) The policy may impose reasonable conditions concerning the maintenance, repair, replacement, or removal of a damaged or inoperable solar energy system provided that the conditions are not more burdensome than the conditions imposed on nonsolar energy projects.
(2) A homeowners' association shall do both of the following:
(a) Make a copy of the policy available to a member within 30 days after the adoption of the policy, or on request.
(b) If the homeowners' association maintains an internet website, post a copy of the policy on its website.
(3) Any provision in a policy that conflicts with this act is void and unenforceable.
History: 2024, Act 68, Eff. Apr. 2, 2025
(1) Beginning on the effective date of this act, a member who wants to install a solar energy system in the member's home or unit shall submit a written application to the homeowners' association. The written application required under this subsection must include all of the following information:
(a) The member's name.
(b) The street address of the location where the solar energy system will be installed.
(c) The name and contact information of the person that will install the solar energy system.
(d) An image that shows the layout of the solar energy system on the member's home or unit.
(e) A description of the solar energy system to be installed.
(2) Except as otherwise provided in this subsection and in accordance with its policy, a homeowners' association must approve or deny the member's request to install a solar energy system within 30 days after receipt of the written application. If the written application is submitted before the homeowners' association adopts the policy described under section 9(1), the homeowners' association must approve or deny the member's request to install the solar energy system within 120 days after receipt of the written application.
(3) If a homeowners' association fails to adopt the policy within the time period specified under section 9(1) or approve or deny the member's request to install the solar energy system within the time period specified under subsection (2), a member may proceed with the installation of the solar energy system. If the member proceeds with the installation of the solar energy system, the homeowners' association shall not impose fines or otherwise penalize the member for complying with this act.
(4) A member may resubmit a written application to install a solar energy system that was submitted to and denied by the homeowners' association before the effective date of this act. On receipt of the resubmitted written application, the homeowners' association shall reevaluate the application under this act.
History: 2024, Act 68, Eff. Apr. 2, 2025
This act does not apply to either of the following in a common area or on a shared roof:
(a) The replacement, maintenance, installation, or operation of an energy-saving improvement or modification.
(b) The installation of a solar energy system.
History: 2024, Act 68, Eff. Apr. 2, 2025
If a homeowners' association violates this act, a member may bring a civil action against the homeowners' association for damages. If the member prevails in an action brought under this act, the court may award reasonable attorney fees and the costs incurred in bringing the action.
History: 2024, Act 68, Eff. Apr. 2, 2025
If any provision of this act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and, to this end, the provisions of this act are severable.
History: 2024, Act 68, Eff. Apr. 2, 2025
General information, not legal advice. Statutory text is reproduced from the official Michigan source and may not reflect the most recent amendments.